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LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVI- OUS CONSENT).

GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:

·You may use the SOFTWARE only on the DEVICE.

·NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLER- ANT. PSION TEKLOGIX INC. HAS INDEPENDENTLY DETER- MINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON PSION TEKLOGIX INC. TO CONDUCT SUFFI- CIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUIT- ABLE FOR SUCH USE.

·NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is pro- vided “AS IS” and with all faults. THE ENTIRE RISK AS TO SATISFAC-

TORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGE- MENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.

·Note on Java Support. The SOFTWARE may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication sys- tems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, per- sonal injury, or severe physical or environmental damage. Sun Microsys- tems, Inc. has contractually obligated MS to make this disclaimer.

·No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW,

MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY

Psion Teklogix NETBOOK PRO User Manual B-5

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